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Gard and Evans

Author(s): Abhay Vaidya,Sourabhi Sahakari / Language(s): English Publication Year: 0

Although Charlie Gard and Alfie Evans were treated in public hospitals where the costs of treatment were borne by the UK’s National Health Service (NHS), the management decisions were not influenced by cost implications, and health professionals acted in their patients’ best interests. By contrast, in a developing country such as India, very few government-funded hospitals match the resources of the NHS. Private healthcare is expensive, and socio-economic, cultural, religious, political and legal issues influence the treatment decisions. In this chapter, the authors analyse why the NHS is unique compared to developing countries such as India.

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The Future after COVID-19: Healthcare, Digitalization and Inequality

Author(s): Julia M. Puaschunder / Language(s): English Publication Year: 0

The ongoing COVID-19 crisis accounts for one of the most unpredicted economic disruptions in the history of humankind. COVID-19 as an external shock implies widespread and sustainable changes in the way humans live, work and interact on a global scale. With economic turmoil and social perturbation opens an abyss of novel and unprecedentedly described inequalities in the legal and economic spheres. The paper addresses novel trends that may spring out of COVID-19 in the healthcare sector, in regards to digitalization and inequality. Studying these forward-looking trend predictions aids us to understand the challenges that lie ahead in our post-COVID-19 world to come.

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Публичната собственост и римскоправните аспекти на нейното регулиране

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The article is the first part of a more extensive work within a scientific project of the Law Faculty of “Paisiy Hilendarski” University of Plovdiv No. FP19 – UF – 003 on current aspects of the study of property relations in modern law, some of which are a reflection of Roman law institutions. It is devoted to the concept of public property and the corresponding classifications in Roman law sources as a basis of modern distinction between public and private property. These issues are introductory to the further study of the right of use, legal protection of public property and the transformations between public and private property - some of the most dogmatically discussed issues, which have a wide practical significance and raise many questions about the nature of the legal regulation of the borderline cases between public and private possession and use of property and goods.

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Инсуфициентните субективни права в частното право

Author(s): Polya Goleva / Language(s): Bulgarian Publication Year: 0

The article addresses the rights that are not of full value. There are rights, which only declare what to do, but there is not any sanction in case of their breach and the owner of the right cannot realize it. There is no possibility to fulfill the rights. In German theory these rights are referred to as ‘Unvollkommene Rechte’. Literally, this means ‘imperfect rights’. I prefer the term ‘insufficient rights’, because it expresses most precisely the specific features of the rights, subject of research in this article. Insufficient are rights, which suffer a lack of some elements and this is the reason why these rights are not recognized as perfect private rights.

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Заплашване при договарянето

Author(s): Angel Shopov / Language(s): Bulgarian Publication Year: 0

The article addresses the main lines of the historical development of the institution, through a comparative perspective, from the beginning of the XIX century until today. It refers to the regulation of the civil laws – models of continental legal system (French and German), together with this of the Italian and Bulgarian law. The elements of the factual composition of this ground for annulment of the contracts [under Art. 30 of Bulgarian Law of Obligations and Contracts (LOC)] are stated. A brief analysis of the regulation of soft-law sources is made.

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Павловият иск и неговите проявления в съвременния граждански и търговски оборот

Author(s): Yordanka Noneva-Zlatkova / Language(s): Bulgarian Publication Year: 0

Civil and commercial relations in today’s realities of technological and technical progress are developing at an extremely fast pace so as to respond to civil and commercial situation. Despite this progress, Actio Pauliana continues to exist in today’s legal reality. It is an institution that has retained its significance since the time of Roman law and is still evolving today. This material represents an analysis of the case law under Art. 135 of the Bulgarian Law on Obligations and Contracts, highlighting the significance of the Interpretative Decision No. 2 of 09.07.2019 in case 2/2017 of the General Assembly of the Civil and Commercial Division of the Bulgarian Supreme Court of Cassation for unification of jurisprudence and making a parallel with the Actio Pauliana in the commercial law and its specific features.

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Особености на дискриминационния мотив при престъпленията от омраза

Author(s): Maria Mihaylova / Language(s): Bulgarian Publication Year: 0

The report examines the discriminatory motive for hate crimes under Bulgarian criminal law. The report analyzes and compares the regulation and legal characteristics of the discriminatory motive under US criminal law. The report also examines the importance of emotions in formulating a discriminatory motive and its understanding by investigative and judicial authorities.

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Правното качество на неплатения отпуск като неплатен

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Publication Year: 0

The scientific research discusses one of the most essential legal characteristics of the unpaid leave under Art. 160, para. 1 of the Labor Code, namely its unpaid nature. The legal conclusions made are relevant not only for this type of unpaid leave, but also for the type of “unpaid leave“ in general, through the prism of the comparison with paid leave.

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Бележки относно добросъвестността в гражданското право на страните от континенталната и англосаксонската правни фамилии

Author(s): Alexander Ivanov / Language(s): Bulgarian Publication Year: 0

The report is dedicated to the principle of a good faith in the continental and Anglo-Saxon legal systems. As examples of comparison the German law, where for a long time the good faith has received the status of a general principle of the law, and English contract law, the case law does not comprehend as a principle, but it uses other legal mechanisms to pronounce fair legal decisions are primarily used.

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Търговска сделка VS Административен договор - инструменти за имуществено разместване на блага

Author(s): Zhana Koleva / Language(s): Bulgarian Publication Year: 0

The subject matter of the present study is the commercial transaction, on one hand, and the administrative contract, on the other hand. They are both considered the fundamental instruments for the property transfer of goods. In both cases, the contracting parties are a trader and an administrative body, which gives rise to a dispute. Because in these cases the doctrine debates contract types and applicable law, some contradictory statements are discussed. Based on the philosophy behind the current regulation, the author presents his own vision of the difference between contracts under discussion.

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Увреждащите действия на длъжника като предпоставка за правото на Павлов иск

Author(s): Yordanka Noneva-Zlatkova / Language(s): Bulgarian Publication Year: 0

In the context of Actio Pauliana’s origin in the Roman law, his "transformations" were adopted by several countries in the continental legal system, including the Republic of Bulgaria. It is interesting to analyze the legal application of this action for annulment in countries belonging to the Anglo-Saxon legal system, focusing on the debtor's actions taken to harm the creditor and reduce his assets, serving as common security for his creditors. In the present material a comparative legal analysis of the legal nature and the features of the harmful actions performed by the debtor, as an element of the factual composition for the nascency of the creditor’s substantive right (Actio Pauliana).

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Repurchase and Backsale in the Sources of Roman Law as Paradigms for an Interpretative Choice of Redemption in the Texts of Modern Codification

Author(s): Giovanni Brandi Cordasco Salmena / Language(s): English Publication Year: 0

1. Phenomenological and structural uncertainties in different legal systems. 2. D. 19.5.12 (Proc.11. epist.) And CI. 4.54.2 (Alexander A Charisio militi, a. 222). 3. Conclusions.

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Кодификациите - Reflexio Iuris Romani

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The main object of this article is to present the concept of the code and the codification in modern times as a reflexio of the Ancient Roman practice. A survey has been made in order to explain the terminology and the notion of “code” and “codifying”. Our main goal is to determine the preconditions and the purposes of the three basic codifications in Ancient Rome – Lex Duodecim Tabularum, Codex Theodosianus and Corpus iuris of emperor Justinian. The conclusion is considered to be the impact of Roman legal heritage in the modern Bulgarian concept of the code and the codification, as well as in connection with the global problems of systematization of legislation – decodification, recodification etc.

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Osnova i značaj jedinstvenog regulatornog pristupa krivičnim djelima počinjenim iz mržnje: trendovi u Evropskoj uniji i situacija u Bosni i Hercegovini

Author(s): Carolyn Bys / Language(s): Bosnian Publication Year: 0

Efikasno vođenje istraga i krivično gonjenje počinje sa dobro postavljenim pravnim okvirom, na čemu je i težište ovog rada. Rad analizira aktuelne evropske trendove u harmonizaciji legislative o krivičnim djelima počinjenim iz mržnje i obaveze otkrivanja i gonjenja krivičih djela počinjenih iz mržnje, kao i njihove implikacije za Bosnu i Hercegovinu. Prvo se navode ključni međunarodni standardi, dokumenti i sudska praksa Evropske unije, Organizacije za sigurnost i saradnju u Evropi, Evropskog suda za ljudska prava i Konvencije o ukidanju svih oblika rasne diskriminacije (CERD), koji ustanovljavaju obavezu države da zakonski reguliše krivična djela počinjena iz mržnje te da osigura otkrivanje, gonjenje i odgovarajuće sankcionisanje krivičnih djela počinjenih iz mržnje. Dalje se razmatraju najbolja rješenja u pogledu zakonskih odredbi i najnoviji evropski trendovi, te se i jedni i drugi primjenjuju na trenutnu pravnu situaciju u Bosni i Hercegovini.

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Относно същността на компенсацията на вини при договорната отговорност

Author(s): Andrean Slavchev / Language(s): Bulgarian Publication Year: 0

The report indicates the main theories justifying the legal nature of the culpa compensatio in contractual liability in a comparative legal aspect, as well as the understandings of the rule of Art. 83, para. 1 of the Obligations and Contracts Act in Bulgarian legal doctrine. The legislation and views on the legal nature of the creditor's contribution to non-performance and its interpretations in France, Italy, Germany and Great Britain are considered.

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Референдумът като обект на конституционен контрол

Author(s): Radoslava Yankulova / Language(s): Bulgarian Publication Year: 0

At the beginning of the present scientific work, a comparative overview of the system of constitutional control is made. The actual part of the presentation examines the Bulgarian model of constitutional control over the referendum.

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Сравнителноправен анализ на информираното съгласие според българското и европейското законодателство

Author(s): Krasimir Peychinov / Language(s): Bulgarian Publication Year: 0

Informed consent is a process by which a treating healthcare professional discloses relevant information to a patient so that the patient can make a voluntary choice to accept or refuse treatment. This comparative legal analysis will cover three European countries where informed consent is regulated in detail and where experience and knowledge can be drawn.

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Наказателноправни аспекти на измамата

Author(s): Daniela Doncheva / Language(s): Bulgarian Publication Year: 0

The study examines the concept of the crime of fraud in detail. Going beyond the limits of the Criminal Code, a comparison is made with the concept of deceit in civil law. Fraud as passive and active behavior as this in the contract, as well as deception and falsehood.

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Обезпечаване на разноските в наказателното право и сравнителен анализ с гражданското съдопроизводство

Author(s): Chavdar Petrov Groshev / Language(s): Bulgarian Publication Year: 0

The article examines the question of the "cost" of the legal procedure. When and by whom are the costs of the case paid. Precautionary proceedings, Admission of collateral, Precautionary measures.

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Искът в римското и в съвременното право

Author(s): Tihomir Rachev / Language(s): Bulgarian Publication Year: 0

The paper presents the historical development of the lawsuit as an institution of the civil procedure in Roman and modern Bulgarian law. The interrelation of substantive and procedural law is the subject of perennial disputes, the resolution of which does not seem to have been occurred yet. The relationship between the nature of substantive law, which depends on the effect of various legal facts - for example, the expiry of limitation and prescription periods, and the development of civil procedure are the subject of extensive discussion, in which there is room for arguments based on the Roman jurisprudence.

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